Urgent Tier 1 Visa rejected-Please immediately advise / Help

[naveediiqbal]

It is not a UKVI/HO definition, it is an international accounting/tax/HR definition of gross and net income and defined in all dictionaries. I don't see how you can dispute something like this. What is the issue that you need the HO definition?

Hi actually my case is a bit strange. I worked with two employers and claimed gross earnings before tax (the taxable earnings which are reported to HMRC). Home office took a line item in my employer 1 payslip which is total earnings and this line item include basic+overtime+benefits-deductions(employee paid deductions). This is lower then my taxable income (which I claimed) and as in resulted they got a lower income amount and refused my visa. I am claiming that total earnings shall not be considered as it is after deductions (as these are also not allowed by tax authorities).

[akinsman]

Hi am in a similar situation now because my application has been refused base on this issue of gross earnings. HO definition of gross earnings is your profit after all deductions have been made including tax. The issue is that if tax has not been deducted may be because the tax year has not ended when you send your application what you are claiming as your earnings if it's self employed is net income and not your profit. This is the problem l am having now.

[naveediiqbal]

Hi am in a similar situation now because my application has been refused base on this issue of gross earnings. HO definition of gross earnings is your profit after all deductions have been made including tax. The issue is that if tax has not been deducted may be because the tax year has not ended when you send your application what you are claiming as your earnings if it's self employed is net income and not your profit. This is the problem l am having now.

Hi thank you for your response. I do agree for self employed its net profit. But for employment income its always the gross tax before tax (normally the same that you report to HMRC) I did use the same and claimed the exact amount reported to HMRC but HO did not take that amount and took total earnings which is income different to what reported to HMRC. By the way what are you dealing with your refusal. I have an appeal in few days. Stay in touch

[naveediiqbal]

Hi,

Just two days left for my hearing and received notice from court that my hearing is adjourned till next month. No reasons provided though. What shall I can infer from this.
. any suggestions.

Kind Regards,

[naveediiqbal]

Hi all members,

Just wanted to find if home office can change the reason for refusal during appeal process.

I was refused my Tier 1 General as home office due to previous earnings. Home office arrived at different earnings as they took a wrong line item in my payslip (they took Total earnings which was basic salary + benefits (this includes medical insurance benefit, Life assurance benefit for me and patrner and a resturant card benefit which is a monthly repayment of full amount from me to employer to avail the services)- additional opted benefit deductions payments). while I had claimed Gross Salary before tax (this includes Basic + Benefits before any of deductions) - these are mentioned as taxable pay in my payslip and matching to P45 and P60. So they arrived at a lower earnings then what I claimed. My benefits are mentioned clearly in my payslips and also mentioned as flexible benefits on my job contract.

So actually they have already considered benefits but also incorrectly subtracted deductions which should bot be as gross salary is before any deductions (that's me and my solicitors view). My employer had issued a letter which stated my salary as what I claimed and I did submit my P45 and P60 reconciliation matching to my claimed salary amount. All these are not matching to Home office numbers.

Immigration rules allows three documents to be used for income evidence.
1. Payslip / employer letter
2. Tax documents (p60 / p45) etc
3. Bank statements.

I submitted all three. If they had some confusion with payslip numbers they should use P45/P60 and then they should arrive at my numbers. They never considered those.

Home office rep was not present at my hearing but as my appeal was on float list and there were other substantive cases so our case was adorned but before that HO (other representative on behalf of Home office) said in front of Judge that I have added allowances so they need to check before next hearing date that these should be allowed to be added or not as per appendix A.

First of all there were only benefits in kind and not any allowances. Why home office is claiming these are allowances. Secondly if home office already considered and allowed these benefits in their initial refusal letter (they added benefits but additionally subtracted deductions). How can they change the stance and say that these should not be considered.

What if I submitted only P45/P60 and then they would arrive at the same numbers as me. Then why they now not considering them and focusing only on payslips and on those items (benefits) they already allowed in initial refusal.

I am extremely stressed and wanted to know if home office can change the original refusal reason (which we are fighting at FTT) and come up with a new reason during next hearing.

I know its a bit complicated but Your advise will be much appreciated.

[naveediiqbal]

A quick update on my case:

The home office has now accepted their mistake and sent me a withdrawal notice. It happened on the hearing day which was initially adorned two times. Lets see if they will make a correct decision this time.

[naveediiqbal]

Just an update, Home office has now withdrawn the refusal decision. Thanks for everyone for suggestion and guidance

[Tejap]

@naveediiqbal - First of all hearty congratulations...

Did you apply for JR? How was this sorted finally - just curious to know?

[naveediiqbal]

@naveediiqbal - First of all hearty congratulations...



Did you apply for JR? How was this sorted finally - just curious to know?

Thanks very much

As I applied before end of January (before closure of appeals right) so was given a right to appeal. Hearing adjourned twice as Home office rep was not well prepared and seemed to be convinced by our point of view but needed approval from policy department. On the second hearing The judge gave HO rep time for 2 weeks to decide and on the last day HO withdrawn in front of Judge and agreed to our point of view and told Judge and us that a new decision will be made.

[Tejap]

Good to hear... Happy for you.. Good luck..

[naveediiqbal]

Good to hear... Happy for you.. Good luck..

Thanks buddy. But unless I receive visa until then there is a bit of uncertainty. It was withdrawn on 6 Nov. Lets see when I will receive any new decision then? Do you have any idea how long it could take

[O_Relly]

Congrats Naveed!

[naveediiqbal]

Congrats Naveed!

Thanks O_Really

[naveediiqbal]

Hi,

I have received a letter from Home office that my visa is now approved.

That ends a very long period of distress.

Thanks everyone here on this forum to help me during this difficult phase.

Kind Regards,
Naveed

[hanif]

Congrats Naveed

[naveediiqbal]

Congrats Naveed

Thank you hanif